Full Text of SB1401 96th General Assembly
SB1401 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1401
Introduced 2/11/2009, by Sen. Edward D. Maloney SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/3-145 |
from Ch. 108 1/2, par. 3-145 |
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Amends the Downstate Police Article of the Illinois Pension Code. Provides that a municipality having a population of less than 5,000 may terminate its participation under the Downstate Police Article and close its fund under specified circumstances. Effective immediately.
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| PENSION IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB1401 |
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LRB096 10794 AMC 21003 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Section 3-145 as follows:
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| (40 ILCS 5/3-145) (from Ch. 108 1/2, par. 3-145)
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| Sec. 3-145. Referendum in municipalities less than 5,000. | 8 |
| (a) This Article
shall not be effective in any
municipality | 9 |
| having a population of less than 5,000 unless the
proposition | 10 |
| to adopt the Article is submitted
to and approved
by the voters | 11 |
| of the municipality in the manner herein provided.
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| Whenever the electors of the municipality, equal in number | 13 |
| to 5% of
the number of legal votes cast at the last preceding | 14 |
| general municipal
election, petition the city, village or town | 15 |
| clerk to submit the proposition
whether
that municipality shall | 16 |
| adopt this Article, the officer to whom the
petition is | 17 |
| addressed shall certify the proposition to the proper election
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| officials who shall submit the proposition in accordance
with | 19 |
| the general election law at a regular election in the | 20 |
| municipality
provided that notice of the referendum, if held
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| before July 1, 1999,
has been given in accordance with the | 22 |
| provisions of Section
12-5
of the Election Code in effect at | 23 |
| the time of the bond referendum, at least
10 and not more than |
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SB1401 |
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LRB096 10794 AMC 21003 b |
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| 45 days before the date of
the election, notwithstanding the | 2 |
| time for publication otherwise imposed by
Section 12-5.
Notices | 3 |
| required in connection with the submission of public questions
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| on or after July 1, 1999 shall be as set forth in Section 12-5 | 5 |
| of the Election
Code.
If the proposition is not adopted at
that | 6 |
| election, it may be submitted in like manner at any regular | 7 |
| election
thereafter. The
proposition shall be substantially in | 8 |
| the following form:
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| -------------------------------------------------------------
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| Shall the city (or village or
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| incorporated town) of.... adopt YES
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| Article 3 of the "Illinois Pension -----------------------
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| Code", pertaining to the creation NO
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| of a police pension fund?
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| -------------------------------------------------------------
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| If a majority of the votes cast on the proposition
is for the | 17 |
| proposition, this Article is adopted in that municipality.
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| (b) If a municipality having a population of less than | 19 |
| 5,000 has adopted this Article in accordance with the | 20 |
| provisions of subsection (a), the municipality may elect to | 21 |
| terminate participation under this Article if all of the | 22 |
| following conditions are met: | 23 |
| (1) An independent auditor certifies that the fund | 24 |
| created under this Article has no liabilities and there are | 25 |
| no members or beneficiaries entitled to benefits under the | 26 |
| fund. |
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SB1401 |
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LRB096 10794 AMC 21003 b |
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| (2) The corporate authorities of the municipality, by | 2 |
| ordinance, approve the closing of the fund. | 3 |
| If the conditions of this subsection (b) are met and the | 4 |
| closed fund contains assets, those assets shall be transferred | 5 |
| to the municipality for its general corporate purposes.
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| If a municipality that terminates participation under this | 7 |
| Article in accordance with this subsection (b) wants to | 8 |
| reinstate the fund, then the proposition to re-adopt the | 9 |
| Article must be submitted to and approved
by the voters of the | 10 |
| municipality in the manner provided in subsection (a).
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| (Source: P.A. 90-812, eff. 1-26-99; 91-57, eff. 6-30-99 .)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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